A place to find news updates, legal analysis, and all official documents related to the various constitutional challenges to the Patient Protection and Affordable Care Act (as amended by the Health Care and Education Reconciliation Act of 2010)

Thursday, February 17, 2011

DOJ does not consider Judge Vinson's decision to have the force of an injunction

From page 4 of the United States's memo in support of its Motion to Clarify:

"Given (a) the wide-ranging and indeterminate consequences that would occur if the declaratory judgment were assumed to have immediate injunction-like effect; (b) the Court’s acknowledgment that it was deviating from the ‘normal rule’ of severability; (c) the concededly unique nature of the Court’s judgment, see, e.g., Op. 74; and (d) the fact that the Court declined to impose an injunction, see Op. 75, defendants do not interpret the Court’s order as requiring them to immediately cease operating programs, implementing Medicare reforms, collecting taxes, extending grants, providing tax credits, and enforcing duties created by the ACA."